Bombay HC directs DCP-level probe into Dombivli Hospital assault, refuses bail to corporator

A division bench comprising Acting Chief Justice Ravindra V Ghuge and Justice Gautam Ankhad issued the directions after expressing concern over the lack of progress in the investigation over the previous few days.

Also Read:Thane Hospital Attack: Shiv Sena Corporator arrested, shifted to hospital after chest pain complaint

Questioning the police action, the bench asked why the investigating officer should not be changed and criticised the attempt to produce the accused through video conferencing. According to PTI, “In fact, the police officials (in-charge of the probe) obliged the corporator and sought permission from a local court to produce him via video conference for remand. They (police) showed a rare respect for the accused,” the bench said.

Referring to the corporator, the court said, “You are for the public, and you have to serve the public. Why do you behave like this? Why do you beat the public? Those are your voters. This is very surprising. The person goes to the voters to ask for votes, then he beats people up after getting elected. People vote for you to become their representatives, but after getting elected, you break their heads with files and chairs? Is this how elected representatives behave?” reports Hindustan Times.

The accused, a councillor of the Kalyan-Dombivli Municipal Corporation (KDMC), has been accused of assaulting doctors and nurses at the Shastri Nagar Municipal Hospital on July 6 following a dispute. He surrendered on July 19 and was arrested along with three other co-accused. 

Earlier, a magistrate’s court in Kalyan had granted bail to all four accused on July 14. However, the Bombay High Court later took suo motu cognisance of the bail order and stayed it on July 18, calling the decision “unjustified” in view of the corporator’s criminal history, which includes 18 registered cases over 36 years. All four accused are currently in judicial custody. 

Medical Dialogues had previously reported that the alleged assault on doctors and hospital staff at Kalyan-Dombivli Municipal Corporation (KDMC)-run Shastrinagar Hospital by a Shiv Sena corporator and his supporters has come under intense legal scrutiny, with the Bombay High Court strongly condemning the incident and refusing to lift the stay on his bail order. 

During Monday’s hearing, the state government informed the court that the investigating officer had already been changed to a senior police inspector and that the DCP of Zone III, Kalyan, would take charge of the remaining investigation within two days.

The government also informed the court that statements of the victims, including three nurses and two senior medical officers, had been recorded, while statements of 10 more witnesses were yet to be completed.

Seeking bail for the corporator, senior advocate Abad Ponda argued that the councillor had surrendered before police as directed by the court, had spent around 20 days in custody, and was willing to remain outside Maharashtra until the investigation was completed. He also cited the corporator’s age and health condition, saying he was 73 years old and had one kidney.

“I am now in the court’s hands. We want you to decide the future of my case. The message has gone down very hard, and the lesson that was to be learnt has been learnt by everyone, including my client. We have learnt the lesson in the toughest way. With folded hands, I am seeking relief today. Consider the fact that he is a 73-year-old with one kidney,” Ponda said, reports Hindustan Times. 

The court, however, rejected the bail plea, observing that the corporator alleged actions at the hospital did not appear consistent with his age or medical condition. Referring to video footage of the incident, the bench said his actions appeared violent and alleged that he was seen snatching a phone from a female doctor and assaulting her.

Meanwhile, advocate Akshay Bhalerao, appearing for one of the victim doctors, informed the court that his client continued to receive threats and had left the city due to fear for his safety. Taking note of the concern, the court directed authorities to provide police protection to the doctor and other witnesses.

The court also instructed the registry to inform the concerned district judge to record the doctor’s statement.

The matter will be heard again on July 31, when the newly appointed DCP is expected to submit a status report on the progress of the investigation.

Also Read:'Your duty is to serve people, not assault them': Bombay HC denies bail relief to Shiv Sena Corporator